City of Duluth v. Riverbrooke Properties, Inc.

Eldridge, Judge.

This case involves an action in equity seeking a mandatory injunction brought by the City of Duluth (“the City”) against defendants Riverbrooke Properties, Inc. (“Riverbrooke”), owner and seller, and Everett Major (“Major”), the officer, stockholder, and developer, in order to enjoin the defendants from continued violation of the city’s developmental regulations and require them to file the “as-built” survey and certification for the Riverbrooke Subdivision’s 15-acre lake. The complex facts at issue are as follows:

In early 1991, Major and Riverbrooke, appellees-defendants,…